Court opens way to send ex-Mozambique minister to US trial

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Former Mozambique finance minister Manuel Chang faces the prospect of being extradited to the United States to face trial after a South African court on Friday ruled against him being sent to his home country.

Chang's fate is now with South African Justice Minister Ronald Lamola after the court set aside his predecessor's decision to extradite him to Mozambique. Lamola has asserted that the southern African nation has not shown seriousness in prosecuting him.

Chang was arrested in South Africa last year on the request of the U.S. government in relation to the scandal involving $2 billion worth of secret loans guaranteed by Mozambique's government during his tenure from 2005 to 2015.

Companies set up by Mozambique's secret services and defense ministry borrowed the $2 billion in secret to set up maritime projects that never materialized but allegedly enriched a range of local and foreign players.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

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